Chris McDaniel v. Thad Cochran

¶ 38. I agree that the dismissal of this case should be affirmed, however, upon grounds unrelated to a failure to timely file. If the petition was subject to judicial review, I would side with Justice Coleman’s analysis, for Mississippi Code Section 23-15-923 is substantially different from its predecessor statute, which was repealed, not revised or reenacted. Indeed, the entire election code was overhauled in a comprehensive manner. Thus, I would conclude that the trial judge erred in relying upon Kellum ⅛ interpretation of a prior statute as the basis for dismissal. However, the primary…